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  • Article

    TSX Company Manual Amendments Mandate Majority Voting For Director Elections Effective June 30, 2014

    On February 13, 2014, the Toronto Stock Exchange (TSX) announced that it had received the Ontario Securities Commission’s approval to proceed with amendments to the TSX Company Manual (the 2014 Amendments) to require all TSX-listed issuers to adopt majority voting for the election of directors.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    US Breaks All-Time Monthly M&A Record In May 2015; Canada Keeps Pace With 2014 Numbers

    In Canada, according to Lexpert's DealsWire, May of this year saw $8.1 billion of M&A transactions worth over $50 million.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    WARNING! This Investment Is Risky

    Generally, unless there is an applicable exemption, securities of a company cannot be distributed in Canada unless a prospectus has been filed.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    When Committing To A Third Party, Make Sure Your Bank Is Committed To You

    A liability claim often arises where a borrower believes a lender failed to honour an agreement to lend under a commitment letter or an oral commitment to extend credit.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Why Are Activist Investors Drawn To Canada?

    Over the past decade, proxy contests have gone from a once rare phenomenon to a standard feature of the Canadian corporate world.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Why Use A Manitoba Limited Partnership For Your Deal?

    Limited partnerships (LPs) are a flexible form of business entity commonly used in complex transactions.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Brief: On An Employee’s Right To Withhold Personal Information From Her Union

    Norton Rose Fulbright is a global legal practice. We provide the world's pre-eminent corporations and financial institutions with a full business law service.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Brief: On Denial Of Access To Arbitration Under The Labour Relations Code

    The Supreme Court refused leave to appeal a decision of the Alberta Court of Appeal in Alberta Union of Provincial Employees v. Her Majesty the Queen in Right of Alberta, 2013 CanLII 74523.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Brief: On Family Status Discrimination And Childcare Obligations

    In May, the Federal Court of Appeal issued decisions in Canadian National Railway Company v Seeley, and Canada (Attorney General) v Johnstone.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Duty To Accommodate Does Not Require Transfer To A More Suitable Position For Probationary Employee

    The Alberta Court of Appeal affirmed an arbitral award upholding the termination of a probationary employee with Asperger's syndrome in Telecommunications Workers Union v Telus Communications Inc.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Family Ties – Ontario Court finds that Separate Companies are a Common Employer

    In a recent case, a 66-year old employee was dismissed from his employment. For a total of nine years, this employee held the same job title, performed the same responsibilities, and was remunerated in the same way.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Halloween And Human Rights In The Workplace

    Office Halloween parties and costume contests are a fun way to celebrate this time of year.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Human Rights And Independent Contractors In Ontario

    When working with independent contractors or the self-employed, companies should be aware that the Human Rights Code protections may still apply.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Masking The Issue: Arbitrator Strikes Down Hospital Rule That Requires Nurses To Wear Masks Or Get The Flu Shot

    Can hospitals implement policies that require nurses to get a flu shot or wear a mask? An Arbitrator in Ontario says no.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    No Just Cause For Employee Punch

    In the recent decision of Phanlouvong v Northfield Metal Products, the Ontario Superior Court considered an incident of workplace violence to not provide just cause for dismissal.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Ontario Court Of Appeal Accepts That The Duty To Mitigate Is Not Unlimited

    How far does a wrongfully dismissed employee have to go to mitigate his or her losses?
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Post-Termination Evidence Of Mental Illness Leads To Reinstatement

    In the recent decision of Cape Breton (Regional Municipality) v CUPE, Local 933, 2014 NSSC 97, the Nova Scotia Supreme Court upheld an arbitrator's decision to conditionally reinstate an employee who had been terminated due to excessive absenteeism.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Random Drug Testing Policy Struck Down By Arbitrator

    In its decision on a recent policy grievance, an Arbitrator refused to allow an employer to unilaterally impose a random alcohol and drug testing program.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Settlements Invalidated By Dishonesty Or Breach Of Conditions

    Enforcing a settlement against an employer who did not know and could not have known that their employee was abusing his position with them would have constituted a clear risk of injustice.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Termination Notice Awarded Beyond Expiry Of Fixed Term

    In the recent decision of Thompson v Cardel Homes Limited Partnership, 2014 ABCA 242, the Alberta Court of Appeal considered the difference between constructive dismissal and simply not renewing a fixed-term employment contract.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP

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